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Can I complain about being discriminated against in a job interview even though I am not an employee?

I had an interview last week during which the interviewer asked me if I was married and whether I planned to start a family soon. I was put on the spot and did not know how to answer the question or whether it was even relevant so I fumbled. I think the question was quite discriminatory. Can I complain?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
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Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Yes. You can complain even though you are not an employee of the business.
  • Complaints about discrimination experienced at an interview are treated in the same way as other discrimination complaints.
  • Examples of discrimination at an interview include:
    • not getting the job due to a protected characteristic; or
    • inappropriate questions asked at interview such as asking a woman if she plans to have a family soon so as to avoid hiring someone who might take maternity leave.

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